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Legal Notice # Legal Notice
If You Received an Unsolicited Call or Fax
that You Believe Came from an Herbalife Distributor
You May Benefit From a Proposed Class Action Settlement
A Proposed Settlement has been reached in a class
action against Herbalife International Inc. and some
of its distributors. The case is Mey u Herbalife. etal..
No. 01-C-263M. and it is pending in the Circuit Court
of Ohio County. West Virginia.
What is the lawsuit about?
The lawsuit claims that Herbalife distributors initiated
unsolicited calls or faxes to promote Herbalife products
or business opportunities to persons who did not have
a customer or busines relationship with Herbalife or
its distributors, in a manner that violated federal
telemarketing law. Herbalife and the distributors deny
that they did anything wrong. Herbalife also denies
that it is legally responsible for the acts or omissions
of its independent contractor distributors.
Who can make a claim?
You may be a Class Member entitled to make a claim
if you (a.) received an unsolicited call or fax from an
Herbalife distributor (or from Herbalife or a company
that provided leads to Herbalife distributors) from July
16,1999 through July 2,2007. and (b.) did not have a
customer or business relationship with Herbalife. The
call or fax did not have to mention Herbalife by name.
What are the terms of the Proposed Settlement?
The Herbalife distributors and Herbalife have agreed
to create a $7 million Settlement Fund that will be
distributed to Class Members. The amount you can
get depends on the number of people that file a claim
but it will not exceed $75. To make a claim, you must
complete and send in a claim form certifying that you
received a call or fax as described above.
For a Detailed Notice and a Claim Form, Visit: www.tcpasettlement.com
Or Write: Herbalife TCPA Class Action Settlement Administrator
c/oA.B. Data, Ltd., P.O. Box 170500, Milwaukee, Wl 53217-8091
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Class Counsel will request fees of $2.331.000. plus
actual costs, which, if approved, will be deducted born
the Fund. Administrative Costs. Notice Costs and
approved class representative compensation will also
be deducted from the Fund.
What are my rights?
• You can make a Claim to get money from the
Settlement Fund. All Claim forms must be
postmarked no later than November 13,2007.
• If you do not w ant to be a member of the Class,
you must send a letter and ask to be excluded. Your
request must be postmarked no later than November
13,2007. If you do not exclude yourself, you agree
never to sue Herbalife or its distributors in the future
for the claims covered by the Proposed Settlement.
• You can tell the Court if you do not like this
Proposed Settlement or some part of it if you do
not exclude yourself. To object or comment, you
must send a letter that is mailed and postmarked no
later than November 13.2007. You may also hire
your own lawyer, al your own cost, to speak for you.
The detailed Notice, available below, explains how to
exclude yourself or comment on the case. It also explains
what rights you are giving up if you stay in the Class.
Will the Court approve the Proposed Settlement?
The Court will hold a Final Approval Hearing on
January 15,2008 at 10:00 a.m. to consider whether
the Proposed Settlement is fair, reasonable, and
adequate, the motions for attorneys' fees and expenses,
and compensation for the Class Representatives. If
comments or objections have been received, the Court
will consider them at that time.
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300
A modern-day "Spartan" leader on the surprise blockbuster
The Plot
Tom Izzo is head
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The swords-and
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OVERVIEW “As a coach, I identify with
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Every player’s different, and you need
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SHOWING EMOTION “The biggest differ
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mit himself to show emotion. Later, when
18
USA WEEKEND-Sept. 14-16,2007
one soldier watches his son die on the
battlefield, his emotion makes the other
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But at MSU, emotion does not mean weak
ness. One of my favorite moments was
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► YOUNG RECRUITS “In 300, the Spartans
begin recruiting warriors at birth. They
discard undersized babies, they make
toddlers spar with each other, and they
cast teenage boys out into the wilder
ness to see if they are able to survive.
Obviously, we are not that extreme in
college basketball, but it concerns me
that players now are being recruited at
younger ages. [Editor’s note: The Uni
versity of Southern California recently
received a verbal commitment from a
14-year-old. J First of all, recruiting is an
inexact science. Players develop differ
ently, so there is no way to predict how
a high school junior will perform when
he’s a college senior. But secondly, it puts
too much pressure on young players well
before their time.”
► DRESSED TO KILL “The Spartans’ cape-and-
Speedo look seemed a little odd. But I
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the uniform. I’m much more concerned
with the performance of the player in it.
Short-shorts worked for players such as
Magic Johnson, Larry Bird and all the
greats before them, and the Speedo and
cape seemed to work just fine for 300’ s
Spartans.” O —David Andrukonis
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